8 Utah opinions name it 2 courts 2006–2023 4 in the last five years
The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bryner v. Cardon Outreach, LLCgreen2 sentences2021See Bryner v. Cardon Outreach, LLC, 2018 UT 52, ¶ 21 , 428 P.3d 1096 (“We will not infer substantive terms into the text that are not already there.” (citation omitted)). ¶22 The cousins also argue that their reading of the rule is supported by our appellate case law. 2021See Bryner v. Cardon Outreach, LLC, 2018 UT 52, ¶ 21 , 428 P.3d 1096 (“We will not infer substantive terms into the text that are not already there.” (citation omitted)). ¶22 The cousins also argue that their reading of the rule is supported by our appellate case law. | 1 | 1 |
Sanders Brine Shrimp v. Audit Division of Utah State Tax Commissiongreen1 sentence2012However, we conclude that Claimant's reading is more consistent with the statute the rule implements. ¶ 19 "It is a long-standing principle of administrative law that an agency's rules must be consistent with its governing statutes." Sanders Brine Shrimp v. Audit Div. of the Utah State Tax Comm'n, 846 P.2d 1304, 1306 (Utah 1993) (citing Merrill Bean Chevrolet, Inc. v. State Tax Comm'n, 549 P.2d 443, 445 (Utah 1976); Robert H. | 1 | 1 |
Merrill Bean Chevrolet, Inc. v. State Tax Commissiongreen1 sentence2012However, we conclude that Claimant's reading is more consistent with the statute the rule implements. ¶ 19 "It is a long-standing principle of administrative law that an agency's rules must be consistent with its governing statutes." Sanders Brine Shrimp v. Audit Div. of the Utah State Tax Comm'n, 846 P.2d 1304, 1306 (Utah 1993) (citing Merrill Bean Chevrolet, Inc. v. State Tax Comm'n, 549 P.2d 443, 445 (Utah 1976); Robert H. | 1 | 1 |
Airport Hilton Ventures, Ltd. v. Utah State Tax Commissiongreen2 sentences2012See Airport Hilton Ventures, 1999 UT 26, 16 , 976 P.2d 1197 (per Zimmerman, J., with one judge concurring and one justice concurring in result) Accordingly, we cannot accept the Board's reading of the rule as reasonable. ¶ 23 On the other hand, Claimant's equally plausible reading of the rule is consistent with the governing statute. 2012See Airport Hilton Ventures, 1999 UT 26, 16 , 976 P.2d 1197 (per Zimmerman, J., with one judge concurring and one justice concurring in result) Accordingly, we cannot accept the Board's reading of the rule as reasonable. ¶ 23 On the other hand, Claimant's equally plausible reading of the rule is consistent with the governing statute. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Candedo
green
2 sentences2023But, relying on State v. Candedo, 2010 UT 32 , ¶¶ 10–11, 232 P.3d 1008 , he argues that we previously rejected a narrow reading of the rule and that his constitutional challenges fall within Candedo’s reach. ¶18 Robinson is correct that in Candedo we read rule 22(e) broadly. 2023But, relying on State v. Candedo, 2010 UT 32 , ¶¶ 10–11, 232 P.3d 1008 , he argues that we previously rejected a narrow reading of the rule and that his constitutional challenges fall within Candedo’s reach. ¶18 Robinson is correct that in Candedo we read rule 22(e) broadly. | 1 | 2023–2023 |
Heath v. Consumer Protection
neutral
1 sentence2023However, we agree with the district court that this reading of the rule is inconsistent with its language and that the rule should instead be read to require a customer’s express authorization prior to the time repairs begin. ¶30 By its plain language, the rule requires a supplier to obtain the express authorization “after the supplier has clearly explained to the consumer the anticipated repairs, inspection or other services to be performed, the estimated charges for those repairs, inspections or other services, and the reasonably expected completion date of such repairs, inspection or other | 1 | 2023–2023 |
State v. Robinson
green
1 sentence2023In his view, it requires the correction of a sentence on the grounds identified but also allows for the correction of a sentence on other, unstated grounds. __________________________________________________________ 6 Subparagraphs (e)(1)(A) and (B) of rule 22—which refer to sentences imposed in violation of statutory minimums and maximums—may have taken inspiration from this part of the “illegal sentence” definition, but the rule’s language is specific and thus far more limited. 8 Cite as: 2023 UT 25 Opinion of the Court ¶27 We reject this reading of rule 22(e) because the rule’s plain langua | 1 | 2023–2023 |
State v. Bertul
green
1 sentence2023Clayton also argued that admission of the officers’ statements violated the principles set forth in State v. Bertul, 664 P.2d 1181 (Utah 1983), a case in which our supreme court held that police reports are inadmissible in criminal trials. | 1 | 2023–2023 |
Pyper v. Bond
green
1 sentence2018Id. | 1 | 2018–2018 |
Pearson v. South Jordan City
green
2 sentences2015"We read the plain language of the statute as a whole[ ] and interpret its provisions in harmony with other statutes in the same chapter and related chapters." Pearson v. South Jordan City, 2012 UT App 88, ¶ 18 , 275 P.3d 1035 (alteration in original) (citation and internal quotation marks omitted). 2015"We read the plain language of the statute as a whole[ ] and interpret its provisions in harmony with other statutes in the same chapter and related chapters." Pearson v. South Jordan City, 2012 UT App 88, ¶ 18 , 275 P.3d 1035 (alteration in original) (citation and internal quotation marks omitted). | 1 | 2015–2015 |
State, Department of Licensing v. Cannon
green
1 sentence2012Under this interpretation, the sentence reading, "When a claimant is away from his or her residence but has made arrangements to be contacted and can return quickly enough to respond to any opportunity for work, the presumption of unavailability may be overcome," id. | 1 | 2012–2012 |
Johnson v. Utah Department of Transportation
green
2 sentences2006Cf. Johnson v. Utah Dep’t of Transp., 2006 UT 15, ¶ 19 , 133 P.3d 402 (“This court has always read the discretionary function exception to the immunity waiver narrowly. 2006Cf. Johnson v. Utah Dep’t of Transp., 2006 UT 15, ¶ 19 , 133 P.3d 402 (“This court has always read the discretionary function exception to the immunity waiver narrowly. | 1 | 2006–2006 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.